MANSFIELD — The City of Mansfield Planning Commission will meet in special session Friday at 11 a.m. to review zoning changes needed to allow recreational cannabis dispensaries.
Under the city’s codified ordinances, that step is needed before Mansfield City Council can vote Tuesday on the proposal that would allow up to four such dispensaries.
The special session was announced Wednesday morning in an email to local media outlets.
Local lawmakers voted 6-1 during a special meeting Monday to schedule the final vote next week, legislation which will limit the dispensaries to only operating in properties found in B-2 (general business) zones.
“Planning Commission will review any test amendments to zoning regulations and make a recommendation to council,” said Adrian Ackerman, the city’s director of permitting and development.
She said the commission could also recommend changes to the proposals council reviewed on Monday night.
Regardless, Ackerman said, the commission’s recommendations will be reviewed on Tuesday by City Council, which will make the final decsision.
more coverage of the recreational cannabis issue in mansfield
The recreational cannabis legislation is broken into two ordinances. The city employed an outside law firm to help draft the legislation, according to Mayor Jodie Perry.
One would create Chapter 771 of the city’s codified ordinances defining the process of applying for and obtaining a business license for a cannabis facility in the city.
The other enacts Chapter 1190 in the zoning code, which “establishes appropriate locations and reasonable restrictions” for a cannabis facility in Mansfield.
Chapter 771 — Licensing process
— An application for a local provisional license shall be made to the city’s Permitting & Development Department, along with a non-refundable “local provisional application fee” of $1,000. The city shall approve or deny the issuance of a local provisional license within 30 days of receiving the application.
— A provisional license shall expire one year after it’s issued. The holder of the provisional license may apply for a local operating license only while the provisional license is valid. The city may issue a maximum of four operational licenses.
— An application for a local operating license shall also be made to the Permitting & Development Department. The application shall include a copy of the provisional license granted by the state. A non-refundable operating license fee of $2,000 must also be paid.
— Every local operating license issued by the city expires after one year and a renewal application must be completed with a yearly license renewal fee of $2,000.
— License holders consent to an inspection “without notice” by a City of Mansfield building official or the police department.
— Licenses can be revoked for rules violations through a local hearing process involving the safety service director.
— If a license holder seeks to change locations, it shall file an application with the city’s Permitting & Development Department and also pay a non-refundable fee of $2,000.
Chapter 1190 — Establishing appropriate locations and restrictions
— The city zoning inspector shall complete a site plan review before approval for any dispensary is granted.
— Cannabis dispensaries shall only be located in B-2 (General Business) zoned districts as set forth in Section 1167.06 of the city’s codified ordinances.
According to the city’s zoning plans, a B-2 district “is to provide for more diversified business establishments which are not generally located adjacent to residential neighborhoods.
“The General Business District contains shopping areas which are community wide or regional in nature and should be served by state highways or at least four-lane streets.”
The types of businesses normally allowed in a B-2 district include department stores and supermarkets; furniture stores; commercial recreation facilities like bowling centers, skating rinks and fitness centers; hotels/motels; and museums/civic centers, sports arenas and theaters.
— Dispensaries shall require a site zoning approval, a provisional license and an operating license.
— Site locations should be a stand-alone structure and NOT be a mixed-use location.
— Site locations shall have a usable floor area not exceeding 10,000 square feet.
— No dispensary shall be located within 500 feet of a prohibited facility such as a school or church.
— No dispensary shall be located within a one-mile radius of another legally operating dispensary.
— All dispensaries shall submit a security plan for review and approval of the police chief. It shall include, at a minimum, a lighting plan; identification of security cameras, alarms, security guards and other measures; and plan for off-street parking.
— Dispensary hours of operation are limited to 9 a.m. to 9 p.m.
— All activity must be conducted indoors, i.e. no drive-in or drive-thru sales.
— No good trucks or other food items shall be offered for sale or given away.
— No consumption of cannabis is permitted at the dispensary.
— Advertising and marketing restrictions will be put in place.
